13Meaning of Commonwealth waters

13 Meaning of Commonwealth waters

Meaning generally (1) Commonwealth waters means: (a) the territorial sea of Australia, other than coastal waters of a State or the Northern Territory; and (b) the sea above the continental shelf of Australia; and (c) the seabed and subsoil beneath any such sea or waters. Extended meaning—certain articles partly in Commonwealth waters and partly in coastal waters, State waters or Northern Territory waters (2) If: (a) an article of underwater cultural heritage (other than the remains of a vessel) is in, or has been removed from, Commonwealth waters; and (b) another part (the relevant part) of the article is in, or has been removed from, waters of the sea that are within: (i) the coastal waters of a State or the Northern Territory; or (ii) the limits of a State or the Northern Territory; and (c) a Minister of the State or the Northern Territory has informed the Minister, in writing, that the State or the Northern Territory consents to the making of a declaration under this subsection in relation to the relevant part; the Minister may, by notifiable instrument, declare that the relevant part is, for the purposes of this Act (except this section and section 20), taken to be a part that is in, or has been removed from, Commonwealth waters. Extended meaning—certain articles within coastal waters of a State or the Northern Territory (3) If: (a) an article of underwater cultural heritage (other than the remains of a vessel) is in the coastal waters of a State or the Northern Territory; and (b) a Minister of the State or the Northern Territory has informed the Minister, in writing, that the State or the Northern Territory consents to the making of a declaration under this subsection in relation to the article; the Minister may, by notifiable instrument, declare that the article is, for the purposes of this Act (except this section and section 20), taken to be an article of underwater cultural heritage that is in Commonwealth waters. Extended meaning—certain articles that have moved into State waters or Northern Territory waters (4) If: (a) an article of underwater cultural heritage (other than the remains of a vessel) has been removed from Commonwealth waters; and (b) the article is in waters of the sea within the limits of a State or the Northern Territory; and (c) a Minister of the State or the Northern Territory has informed the Minister, in writing, that the State or the Northern Territory consents to the making of a declaration under this subsection in relation to the article; the Minister may, by notifiable instrument, declare that the article is, for the purposes of this Act (except this section and section 20), taken to be an article of underwater cultural heritage that is in Commonwealth waters. Varying and revoking declarations (5) The Minister may, by notifiable instrument, with the consent of the Minister of the State or the Northern Territory, vary or revoke a declaration made under this section.